Unit CIVIL LAW
- Course
- Law
- Study-unit Code
- A000016
- Location
- PERUGIA
- Curriculum
- In all curricula
- CFU
- 15
- Course Regulation
- Coorte 2019
- Offered
- 2021/22
- Type of study-unit
- Obbligatorio (Required)
- Type of learning activities
- Attività formativa integrata
CIVIL LAW MOD. 1
| Code | A000017 |
|---|---|
| Location | PERUGIA |
| CFU | 9 |
| Learning activities | Base |
| Area | Privatistico |
| Academic discipline | IUS/01 |
| Type of study-unit | Obbligatorio (Required) |
Cognomi A-L
- CFU
- 9
- Teacher
- Maria Rosaria Marella
- Teachers
- Maria Rosaria Marella
- Hours
- 54 ore - Maria Rosaria Marella
- Language of instruction
- Italian
- Contents
- The course explores the structures of two fundamental partitions of civil law,
with the aim of capturing the constant and evolutionary trends.
The first part (MODULE 1) will be devoted to the relationship between property
and possession, as well as the relationship between the nascent statute of
Commons and the dominant paradigm of property and the current legal status of
goods.
In the second part (MODULE 2) it is intended to analyse two different trends
within family law: on the one hand, the process of contractual relations between
spouses and partners, on the other hand the affirmation of a model based on the
status and the rights corresponding to them. - Reference texts
- The program applies both to students who have to take the 13 CFU exam, and to
those who are required/ to 15 CFU:
A. Gambaro, La proprietà, in Trattato Iudica-Zatti, Milano, Giuffrè, 2017.
M.R. Marella (cur.), Oltre il pubblico e il privato. Per un diritto dei beni comuni,
Verona, Ombre Corte, 2012.
M.R. Marella e G. Marini, Di cosa parliamo quando parliamo di famiglia, Roma-
Bari, Laterza, 2014.
M.R. Marella, Il diritto di famiglia neoliberale, Jovene, 2021. - Educational objectives
- The course aims to offer a critical look at the topics in question, inviting students
to analyze the distributive effects produced by the rules and institutions
considered beyond the institutional data, the knowledge of which remains
essential for the understanding of the program. - Prerequisites
- In order to understand and deal with the course, it is important that the student,
attending or not attending, master the fundamental institutions of private law. - Teaching methods
- The course aims to be an opportunity for learning, but also for comparison and
discussion: it is divided into lectures and seminars for in-depth study as well as
exercises in drafting laws. - Other information
- ATTENDING STUDENTS the program will
be agreed with the Professor at the beginning of the lessons. - Learning verification modality
- The exam consists of an oral exam. The questions relate to the program
indicated, having regard to the knowledge of the subject, the ability to critical
reasoning, the logic of the argument and the learning of the methodology of legal
science. - Extended program
- The course is divided into the following thematic areas:
- Ownership and possession (1st semester)
- The new frontiers of family law (second half of the year)
I.1. Ownership and possession
Ownership in the code civil and in the Italian civil code in force
Ownership in the Italian Constitution and jurisprudence of the Italian
Constitutional Court
The de facto relations between man and things
The circumstances of the case
Possession Injuries and Possessor RemediesI.2. Commons or not-property
From collective ownership to state property
The genealogy of the municipality
The question of Commons in the current system: taxonomy and legal status
In particular: The Metropolis and living: the right to housing and urban public
space. Their qualification in terms of the Commons in contrast with the different
forms of dispossession to which the city and urban space are exposed (regulation
of urban property, enclosure of public space, urban segregation, gentrification,
street art and artistic production as a common good). Food as a common good.
II. Family law as a governing device
The speciality of family law
The family from status to contract
Marriage and other forms of marriage
Private autonomy in regulating relationships between spouses and partners
Parent-child relationships and child status
Parenting and procreation techniques
The family from contract to status
The family in European law
The family in the post-colonial perspective
Cognomi M-Z
- CFU
- 9
- Teacher
- Andrea Orestano
- Teachers
- Andrea Orestano
- Hours
- 54 ore - Andrea Orestano
- Language of instruction
- Italian
- Contents
- The law of obligations and contracts. The obligatory relationship and the contract in general.
- Reference texts
- F. Gazzoni, Obbligazioni e contratti, ESI, Napoli, ult. ed.;
A. di Majo, Obbligazioni e tutele, Giappichelli, Torino, 2019;
A. Orestano, Le promesse unilaterali, in Tratt. Cicu-Messineo, Giuffrè, Milano, 2019;
A. Orestano (a cura di), Lezioni sul contratto, Giappichelli, Torino, 2009. - Educational objectives
- Acquisition of advanced knowledge in bond law and contract law.
- Prerequisites
- Good knowledge of private law.
- Teaching methods
- Lectures and seminars (dedicated to insights of a juriprudential nature). Practical exercises.
- Other information
- ---
- Learning verification modality
- Oral examination.
- Extended program
- I. BONDS IN GENERAL.
Structure and characteristics of the obligation; the fees of diligence and good faith in the obligation; the typical types of obligations; the vicissitudes of the mandatory relationship: objective and subjective changes; fulfilment and default; financial liability.
Particular attention to the forms of protection of the obligation: the real and mandatory protection; the protection in a specific form; debt and assets in the obligation; the economic crisis of the debtor as a contingency.
Finally, the means of preserving the asset guarantee.
II. NON-CONTRACTUAL SOURCES OF OBLIGATIONS.
The lawful acts and facts.
The obligations deriving from unilateral promises. The illegal acts. The bonds.
III. THE CONTRACT IN GENERAL.
Contract and shop; the sources of the contractual settlement;the essential and accidental elements of the contract (with particulat details on: the agreement, the cause, the object, the form, the general clauses in the time of the flexible right). Assignment, representation, and contract per person to be appointed; main rules governing the contractual hermeneutics.
The vices of will; the simulation. Invalidity, ineffectiveness, nullity and voidability; termination and resolution (assumptions, effects, and damage from termination).
Particular attention to the system of contractual safeguards in the remedial perspective: rules of validity and liability; liablity and warranty; implementation of the contract because of remedies; contractual damage.
CIVIL LAW MOD. 2
| Code | A000018 |
|---|---|
| Location | PERUGIA |
| CFU | 6 |
| Learning activities | Base |
| Area | Privatistico |
| Academic discipline | IUS/01 |
| Type of study-unit | Obbligatorio (Required) |
Cognomi A-L
- CFU
- 6
- Teacher
- Maria Rosaria Marella
- Teachers
- Maria Rosaria Marella
- Hours
- 36 ore - Maria Rosaria Marella
- Language of instruction
- Italian
- Contents
- The second part (MODULE 2) will be devoted to the relationship between property
and possession, as well as the relationship between the nascent statute of
Commons and the dominant paradigm of property and the current legal status of
goods. - Reference texts
- A. Gambaro, La proprietà, in Trattato Iudica-Zatti, Milano, Giuffrè, 2017.
M.R. Marella (cur.), Oltre il pubblico e il privato. Per un diritto dei beni comuni, Verona, Ombre Corte, 2012. - Educational objectives
- The course aims to offer a critical look at the topics in question, inviting students
to analyze the distributive effects produced by the rules and institutions
considered beyond the institutional data, the knowledge of which remains
essential for the understanding of the program. - Prerequisites
- none
- Teaching methods
- The course aims to be an opportunity for learning, but also for comparison and
discussion: it is divided into lectures and seminars for in-depth study as well as
exercises in drafting laws. - Other information
- ATTENDING STUDENTS the program will
be agreed with the Professor at the beginning of the lessons. - Learning verification modality
- The exam consists of an oral exam. The questions relate to the program
indicated, having regard to the knowledge of the subject, the ability to critical
reasoning, the logic of the argument and the learning of the methodology of legal
science. - Extended program
- The course is divided into the following thematic areas:
- Ownership and possession (1st semester)
- The new frontiers of family law (second half of the year)
I.1. Ownership and possession
Ownership in the code civil and in the Italian civil code in force
Ownership in the Italian Constitution and jurisprudence of the Italian
Constitutional Court
The de facto relations between man and things
The circumstances of the case
Possession Injuries and Possessor RemediesI.2. Commons or not-property
From collective ownership to state property
The genealogy of the municipality
The question of Commons in the current system: taxonomy and legal status
In particular: The Metropolis and living: the right to housing and urban public
space. Their qualification in terms of the Commons in contrast with the different
forms of dispossession to which the city and urban space are exposed (regulation
of urban property, enclosure of public space, urban segregation, gentrification,
street art and artistic production as a common good). Food as a common good.
Cognomi M-Z
- CFU
- 6
- Teacher
- Andrea Orestano
- Teachers
- Andrea Orestano
- Hours
- 36 ore - Andrea Orestano
- Language of instruction
- Italian.
- Contents
- Unilateral promises.
- Reference texts
- F. Gazzoni, Obbligazioni e contratti, ESI, Napoli, ult. ed.;
A. di Majo, Obbligazioni e tutele, Giappichelli, Torino, 2019;
A. Orestano, Le promesse unilaterali, in Tratt. Cicu-Messineo, Giuffrè, Milano, 2019;
A. Orestano (a cura di), Lezioni sul contratto, Giappichelli, Torino, 2009. - Educational objectives
- Acquisition of advanced knowledge in the field of unilateral promises.
- Prerequisites
- Good knowledge of private law.
- Teaching methods
- Lectures and seminars (dedicated to insights of a jurisprudential nature). Practical exercises.
- Other information
- ---
- Learning verification modality
- Oral examination.
- Extended program
- Particular attention should be paid to the obligations arising from unilateral promises.
The principle of typical promises: from the Roman tradition to the current codicistic regime. Agreement and unilateral promise (especially: the "vestimenta" of the promise and the entrustment of the commissioner). The atypical unilateral promises and art. 1987 of italian civil code (especially: art. 1987 of italian civil code as a norm containing the provision of abstract schemes; the case of art. 1333 of italian civil code and the criteria of distinction with respect to unilateral promises). Unilateral promises in relation to the area of courtesy and that of exchange: gratuitousness, liberality and exchage not mediated by consensus. Recognition of debt and promise of payment (with focus on the procedural perspective). The promise to the public.